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goooooch2015-03-31 22:25:28
Hetzner
goooooch, 2015-03-31 22:25:28

Is it worth repaying Hetzner's debt?

For one of the unused servers half a year ago, a debt was formed in the amount of a monthly payment of ~€50. Well formed and formed. After all, we didn’t use the server for a month, so we decided not to pay for it, everything is fair.
Hetzner quarreled a little and seemed to calm down. But now, after about six months, a letter came in the mail, certified by a seal, from collectors from Frankfurt. The firm is called intrum justitia.
The letter says that now I already owe them €100, and if I don’t pay within the time period set by them, I will be charged a penalty/penalty every day, in general, I think it’s understandable.
Question: have any of the respected Toaster users ever been in my situation? And how can this story end for me if I decide not to pay? What can collectors from Frankurt do to me, a Russian citizen?
The situation is complicated by the fact that I have other servers on Hetzner, for which I regularly pay. Both those that work and the one that is not paid for are issued on the same Russian passport, the accounts are different.
Thanks in advance to everyone who can help with advice.

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6 answer(s)
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MatasDragonV, 2016-09-05
@MatasDragonV

I read some of the answers and wonder - apparently it’s just the employees of the Russian representative office of hetzner who write. Especially for a more objective solution of the issue, I will analyze all the legal subtleties. It is written to eliminate legal illiteracy in the event that they try to hang you up with a debt for a server that you did not use, and not to "get rid" of real debts.
First and foremost, you are a citizen of another country, the company is located in another country. According to international law, there is the concept of territorial jurisdiction. That is, if you disagree with the services you provided and want to sue them - where should you do it? At the location of the defendant, ie. in Germany. Similarly, the reverse process - hetzner does not agree with your compliance - where should he sue you? That's right, in your Russian district court if you do not have a residence permit and temporary registration in Germany. Since if you have dual citizenship and an address in Germany, then yes, first collectors, then the ombudsman from the collection offers to resolve the issue out of court, then the court. But if you live in Russia, you have never been to Germany and are not going to, according to the norms of international law, either a court in the country of the defendant and according to the laws of the country of the defendant is requested, or a decision in absentia in the country of the plaintiff, if the defendant agrees to hold a meeting in a country and a court not related to his territorial jurisdiction. And the main point - even if the judgment in Germany is passed in absentia - in Russia it will not be executed anyway. there is no agreement on legal assistance between the countries, and even if this agreement is concluded (which is unlikely judging by current international relations), the court decision is reconsidered in relation to the laws of the plaintiff's country and only then is it executed. Those. it's all pretty goofy. What will most likely happen - they will get all sorts of scribbles from the German collection agencies with scribbles. This mail is not registered - so feel free to throw it in the trash,
Most likely it will end there. But if they decide for themselves that the debt is really large, they can further:
1. Sell the "debt" to Russian collectors. I don’t talk to them at all, I sue them in court. We do not provide any data. The algorithm is the same as with any Russian debt. They have no rights, in case of threats we turn to the police. How to communicate with them and whether you should be afraid of them - there are many articles on Google.
2. If they did sue in Russia. At the first stage, they will most likely try to push the court order through "their" justice of the peace. For them, this is good because the decision is made without a court hearing and sent for enforcement. And it's good for you that the writ is canceled as quickly as it is issued if the plaintiff disagrees.
Further, in the order of general proceedings (very unlikely, usually used when collecting debts of more than $ 10k), if this happened, an intelligent lawyer will "scatter" the case in your favor in a couple of minutes. The main point is that according to the Civil Code of the Russian Federation, if it is possible to provide services on credit, a separate agreement must be drawn up, which must be signed by the client himself. If, as usual, they bring only your passport scan (they have nothing but a scan and payment history), you will win the case 100%, because. in this case, the resulting debt will be the problem of the plaintiff and not yours. Well, then, in fact, you can roll a counterclaim against the plaintiff with compensation for your legal expenses for a lawyer. Therefore, the risk of "getting into even more" money for the plaintiff is great, the court is EXTREMELY unlikely.
Well, what about the absentee court decision in Germany (which is rather difficult to apply to a foreign citizen) - you will most likely be “scratched” with all sorts of passions that your visa will be closed, you will not be allowed to go on vacation to Greece, and so on. I will reveal one secret - our compatriots on vacation often get large fines in European countries, i.e. owe not even some private office there, but the STATE! Do you think they are denied visas? You are deeply mistaken, how they traveled and travel, despite the fact that their debts are much higher than "a server that has not been canceled for six months", about 10 times in commercials.
Google news in the spirit of "Russian collectors will collect fines for European countries." And it’s not a fact that they will be exacted, most likely they will frighten them with a “visa ban” along the knurled track.
So whether to pay or not depends on your conscience and conviction in agreement with the resulting debt, they will not be able to legally recover it from you. And I’ll note again - it would be the debt itself that would advise paying, and adding 40-50 euros from collectors to score.

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FoxInSox, 2015-03-31
@FoxInSox

I hope the foam will run quickly.

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Spetros, 2015-03-31
@Spetros

After all, we didn’t use the server for a month, so we decided not to pay for it, everything is fair.

And why is that?
The server was reserved for you, most likely it was turned on, which means that Hetzner consumed resources.
The service was provided - you have to pay, since they didn’t refuse on time.
The amount is not so big, what's the problem with paying?

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Vlad Zhivotnev, 2015-04-01
@inkvizitor68sl

"I didn't live in the apartment for a month - I was on vacation, so I won't pay a communal apartment for this month",
From the same opera =)
According to the subject - if you are not going abroad, then they will not do anything for you. But at the border (outside the vehicle) they will tie you up and ask you to pay.

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benykbor, 2017-11-13
@benykbor

Tell me how it all ended? did you pay borg?

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